HomeMy WebLinkAbout1997-037 Vacate property t' r
•
AFTER RECORDING MAIL TO:
City of Yakima Clerk's Office
129 North Second Street
Yakima, WA 98901
Attention: Karen Roberts
ORDINANCE NO. 97 37 •
Grantor: City of Yakima
Grantee: Yakima School District No. 7
Legal Description (abbreviated): That portion of the right of way for
East Maple Street and South Seventh Street beginning at the
Southeast corner of Lot 9, Block 155, HOME ADDITION TO
NORTH YAKIMA, W.T., NOW YAKIMA, WASHINGTON,
more fully described on page 3.
Additional legal on page 3.
Assessor's Tax Parcel I.D. #191319 - 41408.
AN ORDINANCE relating to zoning and land uses; vacating portions of the
right -of -way of both Maple Street and South Seventh Street
near Washington Middle School; granting Class 3 approval
of a parking lot with 18 -foot parking stalls; and granting an
administrative adjustment allowing 82% lot coverage.
WHEREAS, Yakima School District #7 (hereafter referred to as the "Applicant" or
"YSD #7 ") has, under City of Yakima Department of Community and Economic
Development ( "DCED ") file UAZO CL(3) #14- 96 \R /W Vac #3 -96, applied for
vacation of portions of the right -of -way of both Maple Street and South Seventh
Street near Washington Middle School together with application for Class (3)
approval of a proposed parking lot including administrative adjustment of lot
coverage standards; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public
hearing on January 23, 1997, and after considering the contents of the file and
statements of interested persons at the public hearing, has issued his Examiner's
•
II II II I II II I II III I II 7047112
Page: 1 of 9
03/03/1998 18:49f
CITY
nr YAKTMA I1 R0 $16 AS Yakima Co, WA
Recommendation dated March 10, 1997, and has recommended approval of the
requested right -of -way vacation and the proposed parking lot, subject to several
conditions stated on page 5 of the Examiner's Recommendation; and
WHEREAS, the City Council conducted its own public hearing on May 6, 1997,
where a representative of KDF Architecture, YSD #7's architect, submitted a
written fetter dated May 6, 1997, that requested several clarifications to the Hearing
Examiner's Recommendation and also recommended approval of parking stalls
18 feet long instead of the standard 19 feet; and
WHEREAS, subject to conditions on the recommendation to approve the
requested right -of -way vacation stated on page 5 of the Examiner's
Recommendation, after considering the contents of the file, the Hearing
Examiner's Recommendation, and statements of interested persons at the public
hearing, the City Council finds that:.
1. The proposed right -of -way vacation, as recommended by the Hearing
Examiner and modified according to the clarifications proposed in KDF's
May 6, 1997 letter, is necessary to YSD #7 and will provide substantial
benefit to the public; and
2. Vacation of the right -of -way will not deprive any property of sole access;
and
3. The right -of -way proposed to be vacated is not essential to other City
plans; and
4. The proposed right -of -way vacation is consistent with other plans' and
policies of the City; and
5. Based on zoning, current use and long -range plans, the proposed right -
of -way vacation is compatible with existing and anticipated development
in the area; and
6. The proposed right -of -way vacation does not adversely affect existing or
future public utilities; and
7. The proposed right -of -way vacation is consistent with the requirements
of chapter 35.79 RCW and with City of Yakima Ordinance No. D -5630;
and
8. Adjustment of the length of the parking stalls in the parking lot from
19 feet to 18 feet and adjustment of the maximum lot coverage standard
from 80% to 82% are appropriate in this instance.
WHEREAS, subject to the conditions on page 5 of the Hearing Examiner's
Recommendation, no public purpose would be served by retaining the subject
right -of -way and it is in the best interests of the City and its people to vacate the
Page 2
•
•
II 1111 III II II III 111111 7047112
Page Z of 9
9316311998 16�49f
rru nr binv ?Mn nnn sqn nn V..7.:... r.. HO
right -of -way and approve the Class (3) permit and adjust the lot coverage and
parking standards as recommended by the Hearing Examiner, now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. Subject to, the conditions herein specified, and pursuant to RCW
Chapter 35.79, the City of Yakima vacates its right -of -way interest over the
following real property (hereafter the "Subject Right -of- Way "):
That portion of the right of way for East Maple Street and South
Seventh Street described as follows:
Beginning at the Southeast corner of Lot 9, Block 155, HOME
ADDITION TO NORTH YAKIMA, W.T., NOW YAKIMA,
WASHINGTON, recorded in Volume "A" of Plats, page 23, records of
Yakima County, Washington; thence Southerly along the Easterly line
of said Lot 9 extended, 13 feet; thence Westerly parallel with the
Southerly line of said Lot 9, 163 feet to a point 23 feet Westerly of the
Westerly line of said Lot 9; thence Northerly parallel with the Westerly
line of said Lot 9, 63 feet to a point on the Westerly extension of the
Northerly line of said Lot 9; thence Easterly 23 feet to the Northwest
corner of said Lot 9; thence Southerly along the Westerly line of said
Lot 9, 50 feet to the Southwest corner thereof; thence Easterly along the
Southerly line of said Lot 9, 140 feet to the to the Point of Beginning.
Section 2. Subject to the conditions herein specified, the requested Class (3)
approval and administrative adjustment is granted for a parking lot with 18 -foot
parking stalls and with a maximum lot coverage of 82 %.
Section 3. The Yakima City Council adopts and incorporates by reference the
Findings, Conclusions, and Recommendations (including page 5 conditions) of the
Hearing Examiner's Recommendation, Examiner No. I97 -8 -6, City No. UAZO
R/W Vac #3 -96, issued March 10, 1997, a true copy of which is attached as
Exhibit A, except as modified below. The City Council modifies the second
sentence of Hearing Examiner Finding No. 7 on page 3 to read as follows: "where
is no sidewalk on 7th StreetMaple Street does not have a sidewalk, but one will be
installed by the district next to the curb." The City Council deletes the last sentence
of Recommendation 1.2 on page 5 of the Examiner's Recommendation as follows:
"There should be ^ commercial driveway approach from the alley into the parking
area." The City Council modifies Recommendation 1.4 on page 5 of the
Examiner's Recommendation to read as follows: "A commercialIf a driveway
approach shall beis installed into the parking area on South 7th Street., it must be a
commercial driveway approach."
Section 4. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter. A certified
Page 3
II II I II II II I II IIII 7047112
Page 3 of 9
03103/1998 18.49E
TTV nr Vev ?M0 on tic AA Yalrima rm. LIA
copy of this ordinance shall be recorded by the clerk of the City Council in the office
of the Yakima County Auditor.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this' day of May, 1997.
nn Buchanan, Mayor
ATTEST:
City Clerk
Publication Date: M ay - 23i 1997
Effective Date: June 22, 1997
r$ correct copy of the
original BO f,�` 9e-st "4/%17
(1,4 , AL `a t CLERK
di By ' ' a6c '+
y _ Deputy
•
Page 4
7047112
P JJ� o ,,, _ _ 03t0311999 10 49F
•
RECEIVED
;BAR 1 1 1997
MARCH 10, 1997 CITY OF YAKIMA
PLANNING DIV.
Ietition to Vacate ) EXAMINER'S RECOMMENDATION
tight of Way and Class 3
review of a Parking Lot ) City No. UAZO R/W Vac. #3 -96
It Washington Middle School )
Examiner No. I97 -6 -6
The Examiner conducted a public hearing on January 23, 1997.
'he staff report presented by Dan Valoff recommended approval.
'here was no opposition. The Examiner inspected the property prior
:o the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
:he right -of -way, granting the administrative adjustment allowing
12% lot coverage, and approving the proposed parking lot.
From the view of the site, the matters contained in the
)fficial record, including the staff report, a review of both the
!akima Urban Area Comprehensive Plan and the Yakima Urban Area
coning Ordinance, and from evidence received at the hearing, the
examiner makes the following:
FINDINGS
1. Applicants. Yakima School District #7.
2. Location. This lot, Assessor's Parcel No. 191319-
11408, is directly north of Washington Middle School, on the north
;ide of Maple Street, bounded on the west by South 7th Street, and
)n the east by the alley.
3. Application. Master application to vacate a portion of
:he right of way of both Maple Street and South 7th Street,
administratively adjust lot coverage, and Class 3 review of a
)arking lot.
4. Current Zoning. and Use. The subject property is located
in the R -1, Single - Family Residential zoning district. The site is
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE 80X 4
OQIIBIT A YAKIMA W 8G
7047112
Page 5 of 9
93/03/1998 10:49f -
tTY nw YAWTMA non do AA Ynt<;m. N. HA
surrounded by a predominantly single family neighborhood. Martin
Luther King Park, a city park, is located south of the Middle
School campus. Adjacent properties have the following
characteristics:
Location Current Zoning Existing Use
North R -1 Single family residence
East R -1 School parking lot
South R -1 Middle School campus
West R -1 Single family residences
5. Background. Redevelopment of Washington Middle School is
a phased project. The first phase to construct the new Middle
School building and the second phase to demolish the old school was
granted Class 3 approval in March 1995. The Yakima School District
has purchased an additional single parcel of land in the northeast
corner of South 7th and Maple Street for the purpose of
constructing a 31 stall parking lot for the new Washington Middle
School. This will bring the total available number of parking
spaces to 134. The existing single family home was razed for the
purpose of developing the new parking. The parking lot requires
Class (3) review.
To complete construction of the proposed parking lot, the
School District has petitioned the City of Yakima to vacate 23 feet
of right of way along. South 7th Street and 13 feet of right of way
on East Maple along the 50 foot by 140 foot Lot 9, in Block 155,
Home Addition to North Yakima, 701 E. Maple. This vacation simply
reduces the right of way without making any change to the street
width.
The School District was granted a right of way vacation
by the City Council on October 17, 1995, to accommodate 'a portion
of the new parking lot within the public right of way at the
northeast corner of South 8th Street and East Maple Street, the
adjacent lot. Granting the vacation of this partial right of way
allows for the permanent development of this new parking lot
consistent with the adjacent lot.
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
i CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
EXHIBIT A MAXIMA. WASHINGTON 98907
15091248.0706
II HI III II 11111 1111 II 7047112
Page: 6 of 9
0310311998 10:49f
CITY OF YAKIMA ORO $16.00 Yakima Co, WA
6. Class 3 Review. The district requests administrative
adjustment of the lot coverage requirement, which is 45% in the R -1
zone. By permitting up to 82% coverage, the lot can be efficiently
utilized for parking while providing adequate landscaping to
protect the adjacent homeowner to the north. That homeowner
attended the hearing, and is in favor of the proposal, including
the landscaping and lighting proposed by the district.
There is no opposition to this proposal, it is deemed
compatible with the neighborhood, and is consistent with the intent
of the Urban Area Zoning Ordinance.
7. Public Use of the Right -of -Way. Both 7th and Maple are
fully developed streets with 40 feet of paving, curbs, and gutters.
Maple has a sidewalk located 20 feet back from the street, which
will be relocated. There is, no sidewalk on 7th Street, but one
will be installed by the district next to the curb.
These streets work the way they are supposed to, and
their functioning will not be altered by vacating a portion of the
unused right of way.
With respect to Maple, there is 80 feet of right of way;
7th has 100 feet.
8. Criteria for Right -of -Way Vacation. City policy
identifies five criteria for consideration:
8.1 Public Benefit. Parking facilities for public
schools are always a problem in residential neighborhoods. The
district has diligently attempted to improve off site parking
facilities in the course of school construction projects. This is
part of that ongoing effort, and will improve the availability of
the facility not only for school but also community functions,
without adversely impacting on street parking in the adjacent
residential neighborhood.
8.2 Denial of Access. This proposal will not deny
access to any property.
8.3 Consistency with Transportation Plans. No city
plans or policies reveal any planned improvements to these streets.
This insignificant reduction of right of way in both instances will
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
En-L 1LB11 A ' YAKIMA. WASHINGTON 98907
(509) 248 -0706
7042
Page 711
II II II III II II I II II II II : 7 0£ 9
0310311998 10:49f
MTV nr voV1Mo non Ala AA YzVim: rn. WA
not affect the city's ability to improve these streets if it
chooses to in the future. The proposal is therefore consistent
with all city policies.
8.4 Consistency with Existing and Anticipated
Development and Zoning. This neighborhood is fully developed. The •
only recent change is reconstruction of Washington Middle School,
which previously had inadequate parking. This proposal is
consistent with present and future anticipated development within
the neighborhood.
8.5 Relocation of utilities. No existing utilities will
need to be relocated, although public utility easements may need to
be established for the existing utilities, as determined by the
City Engineer.
9. Compensation. City Resolution D -5630 does not require
compensation when title transfers to a school district.
10. Environmental Review. The school district assumed lead
agency status, as permitted by state rule. They issued a
Determination of Non- Significance on November 5, 1996, which is now
final.
11. public Notice. Notice of this hearing was accomplished
in the following manner:
Resolution R -96 -165 adopted to set public hearing December 17, 1996
Posting of property January 3, 1997
Posting in three public places December 26, 1996
Legal ad published January 10, 1997
Adjoining property notices mailed January 10, 1997
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. The Class 3 p administrative adjustment, and
vacation of the right of way are consistent with state and local
law. No public purpose is served by retaining the right of way.
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
crre AND COUNTY OF VAKIMA
- v7 77 TT A POST OFFICE BOX 4
EXHIBIT l ti YAKIMA. WASHINGTON 96907
(5091248-0706
7047112
Page 8 of 9
83/03/1998 10 :49F
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
1. Approve development of the parking lot, with a maximum of
82% lot coverage, and a 6 foot view obscuring fence on the north
property line, and subject to the following conditions:
1.1 A new 5 foot sidewalk shall be installed along the
frontage of East Maple.
1.2 The alley entrance shall be constructed as a
commercial driveway approach, and the alley paved to the north line
of the parcel. There should be a commercial driveway approach from
the alley into the parking area.
1.3 Any portion of the existing curb, gutter, and
sidewalk in a state of disrepair should be replaced. -
1.4 A commercial driveway approach shall be installed
into the parking area on South 7th Street.
1.5 The existing irrigation line in the alley shall be
terminated to the north of the site -if not being utilized by the
proposed parking lot.
1.6 Maintain clearview triangle at street intersection..
of South 7th and Maple Street, as well as driveway and alley
location as provided in Chapter 15.05.040 in the Urban Area Zoning
Ordinance.
2. Approve vacating the right of way legally described in
the application (which is incorporated by reference).
DATED this I Q day of March, 1997.
A-r,„,e,k
PHILIP A. LAM
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
• FOR THE
CT/ AND COUNTY OF YAKIMA POST OFFICE BOX 4
EXHIBIT A YAKIMA. WASH IN TON 98907
• 15091248-0706
. 7047112
Page 9 of 9
83193/1998 19 49F
CITY OF YAKIMR ORD $16.80 Yakima Co, WA